THE JUDICIARY ADMINISTRATION (SERVICE SCHEME), 2021

This section is titled “Interpretation” and appears in Part II, “Administration of the Service.”

This section is titled “Role of the Chief Justice and the Commission in the Service.”

This section concerns the Commission’s administrative powers.

This section concerns the administrative powers of the Chief Court Administrator.

7. Administrative and powers of the Chief Registrar.

This section is titled “Administrative powers of Deputy Registrar, court administrator, heads of department, etc.”

The Chief Justice oversees implementation of the Scheme and the Service policies, and the Commission must ensure the Scheme and Service policies are effectively implemented.

The Commission is the appointing and disciplinary authority for covered employees, and the Secretary must help carry out those appointment and discipline powers.

The Chief Court Administrator is the Service’s chief executive and must lead the Service and ensure necessary working facilities are available.

The Chief Registrar has powers over appointment, promotion, and disciplinary matters, and transfer decisions are assigned to specific court authorities.

The listed officers must supervise employees under them, may issue instructions and directives, and must manage funds, resources, and compliance with relevant laws and directives when supervising.

This section is titled “Meeting and decision of the Commission.”

The Commission may require attendance.

This section states a prohibition on influencing the Commission.

This section is titled “Functions and powers of the Commission.”

This section is titled “Secretariat of the Commission” and appears in Part IV, “The Service.”

The Commission must hold business in properly convened meetings, and the Secretary must prepare meeting papers and handle correspondence as stated here.

This section is about determining the terms and conditions of service.

This section is titled “Qualifications for appointment and promotion.”

This section is about persons who may not be appointed in the Service.

Section title: Responsibility of appointing authorities.

This section is about the constitution and abolition of posts.

This section is about complaints regarding appointments or recruitments.

Section 28 is titled “Accountability of employees of the Service.”

This section is about the relationship between an employee and a supervisor.

This section is titled “Working relationship with other authorities.”

Section 31 is titled “Communication within and outside the Service.”

The Commission must determine the terms and conditions of service for employees, with reference to section 5(2) of the Act.

The terms and conditions of service referred to in paragraph 18 must be permanent and pensionable, based on agreement or contract, or operational service.

Appointments in the Service are governed by specified laws, regulations, schemes, orders, and directives, and the provision also refers to qualifications for appointment and promotion.

A person cannot be appointed or promoted to the Service unless they are a citizen of the United Republic and meet the stated requirements. If a non-citizen is needed for a Service post, the appointing authority must notify the Permanent Secretary (Establishment), who must forward the proposal to the Chief Secretary for approval.

Certain people must not be reappointed or appointed to a Service post, but reappointment may be allowed with the Chief Secretary’s approval.

Appointments in the Service are barred where there is no budget provision, where the post was not properly created, or where the number of posts would exceed the authorized establishment without prior approval.

The Commission has ultimate responsibility for appointments.

Appointments in the Service must be based on merit, suitable qualifications, and fair, open selection.

The Chief Court Administrator must notify the Commission about vacancies in the Service that need to be filled.

The Commission may constitute, abolish, upgrade, or downgrade posts, but its decision needs approval from the Permanent Secretary (Establishments).

A dissatisfied candidate may appeal to the Commission within 14 days of the interview results, and the Commission must decide the appeal. Recruitment competition records must be fully documented and kept for at least 6 months after recruitment ends.

Employees in the Service must follow a hierarchical accountability structure and remain responsible for their own performance and actions.

Employees must follow laws, directives, lawful instructions, and workplace conduct rules; they also have rights to dignity and to ask about service issues.

The Commission must be independent and cooperate with government bodies and public organizations. Those bodies must not interfere with the Commission’s work, though the Government may give general direction on a specific matter, policy, or decision.

Communications within the Service must follow the prescribed procedures.

This section concerns disclosure of information to a third party.

This section is titled “Protection of property and interest.”

Section 35 is titled “Gifts and other benefits” and appears under Part VI, Recruitment and Promotion.

Section titled “Personal Records.”

Section 44 is titled “Induction and orientation.”

The Chief Court Administrator must advise the Commission about changes to staff employment and working hours, including flexible work options.

An employee must not disclose information gained through work, unless disclosure is necessary for the work, required by the Act or other written law, or ordered by a court.

Employees must protect the employer’s interests, avoid causing loss or damage, and avoid conduct that could discredit the office. If damage is caused by carelessness, negligence, or malicious acts, the employee is liable for the cost, which the Chief Court Administrator may determine.

Employees and their immediate family members must not accept or ask for gifts, payments, or entertainment, except normal occasional social business meals or drinks. If receipt is unavoidable, the employee must declare it in writing and hand it over to the Chief Court Administrator.

Section title: Guarantee for loans.

The Service must follow the Judiciary Salary Scale for remuneration, pay employees monthly in Tanzania Shillings, make required deductions, and keep salary deductions within one-third of gross salary.

An employee who works beyond official hours, with approval from a sub-warrant holder, is entitled to long working hours allowance paid at a rate set by the Commission.

Court administrators, heads of departments and units are responsible for approving extra duty payment. Employees claiming extra duty payment must fill in a special form with the dates, the work done, and the authority for that work.

Employees can be reimbursed for work-related expenses if they submit an authorized claim with receipts, and employees working outside their duty station are entitled to a daily allowance set by the Commission.

The Commission may provide welfare cover for employees, and permanent employees are entitled to Commission-approved benefits.

Employees are entitled to 28 days of annual leave and public holidays, and they must complete and submit a leave application form for absences.

Compassionate leave may be granted by the Chief Court Administrator or under regulations, and employees must seek advance authorization for absences when possible and promptly report emergency, sickness, or injury absences.

The Service is to guarantee employee loans from financial institutions, limited to the employee’s salary and terminal benefit.

This section is titled “Preliminary investigation and disciplinary matters.”

Section 66 is titled “Confidentiality.”

This section is titled "Purpose of performance evaluation" and appears in the staff development part of the scheme, but the excerpt does not include any operative rule text.

The Chief Court Administrator and the Chief Registrar must periodically ensure that the Open Performance Appraisal Review is carried out for all employees.

Section 68 is titled “Staff training and development.”

The Chief Court Administrator must prepare a training policy and oversee the training programme, and the Service and Commission may support training-related placements and courses.

Employers have a duty to protect employees’ health.

Section 73 concerns facilities for employees with HIV/AIDS.

This Scheme applies to all employees and makes them subject to the Scheme and related orders, regulations, circulars, and general instructions issued by listed service authorities.

Service employees can be required to attend and give information to the Commission through the Chief Court Administrator, and the Commission can require official documents for that matter.

A person must not influence or try to influence a Commission decision except as part of their duty.

The Commission may delegate its functions, subject to section 33 of the Act.

The Commission must have a secretariat made up of employees who assist the Secretary.

The Service must recruit the most appropriate available candidate, without considering race, colour, marital status, tribe, religion, gender, or physical disabilities.

The Chief Court Administrator must determine whether a vacancy exists in the Service.

Vacancies must be advertised publicly, candidates shortlisted and interviewed, and the Commission must approve the successful names before placement.

After a candidate is selected, the employing authority must issue an appointment letter and give the candidate time to accept; employees must complete a personal record form on engagement, and the Commission should obtain and file character references.

Candidates must undergo a medical examination at a public medical facility, and the employing authority must keep the medical results confidential.

The employer must provide an induction course to new employees.

Employees’ appointments may be terminated on listed grounds, and the Commission must make any recommendation for removal in the public interest.

Employees must follow listed laws, regulations, codes, and directives, must not act illegally or improperly, must report breaches or conscience issues, and may face disciplinary proceedings for contraventions.

Employees must act professionally, wisely, and with integrity, and must not disclose confidential official information unless permitted by the Chief Court Administrator or Chief Registrar.

Employer and employee must keep employment records for use in calculating terminal benefits.

The Chief Court Administrator must set up a complaints-handling mechanism and handle grievances at every court level.

Employers must take reasonable precautions to keep occupational safety standards in place, and employees must also take reasonable precautions to protect their own health.

Employee representation in negotiations or discussions with the employer about employment welfare must be through the Workers’ Council.

The Chief Court Administrator must support employees living with HIV/AIDS, including reasonable accommodation, confidentiality, and an annual budget for nutritional assistance. Employees cannot be terminated for HIV/AIDS or other chronic conditions except on a Professional Medical Board recommendation.

The Judiciary of Tanzania must have a flag and emblem, and the Commission may direct how the flag is hoisted.